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HERRLE v. ESTATE OF MARSHALL

Docket No. G014894.

45 Cal.App.4th 1761 (1996)

FRANCINE HERRLE, Plaintiff and Appellant, v. ESTATE OF HELEN I. MARSHALL, Defendant and Respondent; CONSTITUTION STATE SERVICE COMPANY, Intervener and Appellant.

Court of Appeals of California, Fourth District, Division Three.

May 31, 1996.

Attorney(s) appearing for the Case

COUNSEL

Joseph Powell for Plaintiff and Appellant.

Daniel H. Willick as Amicus Curiae on behalf of Plaintiff and Appellant.

Gillette, Loof, Langton & Hagner, Robert C. Kazer and Keith Langton for Intervener and Appellant.

Parker, Stanbury, Babcock, Combs & Bergsten, Parker Stanbury, Richard A. Jones and Dana C. Clark for Defendant and Respondent.

Madory, Zell & Pleiss, Mark G. McGrath, Joan S. Wise, Deborah M. Zuckerman, Bruce B. Vignery, Davis, Samuelson, Blakely & Goldberg and Marjorie G. Fuller as Amici Curiae on behalf of Defendant and Respondent.

OPINION

RYLAARSDAM, J.

Francine Herrle sued the Estate of Helen I. Marshall, deceased, under former Probate Code section 707 (see now Prob. Code, §§ 550 et seq. and 9390) to recover damages for personal injuries. She suffered these injuries when she was struck by Marshall, a patient suffering dementia, at the hospital where plaintiff was employed. Constitution State Service Company, the workers' compensation carrier for...

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